SB82: Bill Text

SB82,265 Section 265. 938.535 of the statutes is amended to read:

SB82,94,16 938.535 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035 969.43, but not including the crime specified in s. 948.02 (1).

SB82,266 Section 266. 938.78 (2) (d) 1. of the statutes is amended to read:

SB82,94,19 938.78 (2) (d) 1. The subject of a presentence investigation under s. 972.15 973.004.

SB82,267 Section 267. 939.60 of the statutes is amended to read:

SB82,94,23 939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony " Felony" has the meaning given in s. 967.025 (11). Every other crime is a misdemeanor.

SB82,268 Section 268. 939.615 (2) (a) of the statutes is amended to read:

SB82,95,7 939.615 (2) (a) Except as provided in par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17 subch. III of ch. 975, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

SB82,269 Section 269. 939.615 (3) (d) of the statutes is amended to read:

SB82,95,12 939.615 (3) (d) If the person has been committed to the department of health services under s. 971.17 subch. III of ch. 975 for the serious sex offense, upon the termination of his or her commitment under s. 971.17 (5) 975.60 or his or her discharge from the commitment under s. 971.17 (6) 975.61, whichever is applicable.

SB82,270 Section 270. 939.621 (1) (a) of the statutes is amended to read:

SB82,95,19 939.621 (1) (a) A person who commits, during the 72 hours immediately following an arrest for a domestic abuse incident as set forth in s. 968.075 969.27 (5), an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) that constitutes the commission of a crime. For the purpose of the definition under this paragraph, the 72-hour period applies whether or not there has been a waiver by the victim under s. 968.075 969.27 (5) (c).

SB82,271 Section 271. 939.621 (2) of the statutes is amended to read:

SB82,96,2 939.621 (2) If a person commits an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the person is a domestic abuse repeater. The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the prior arrest or conviction. The penalty increase under this section changes the status of a misdemeanor to a felony.

SB82,272 Section 272. 939.74 (1) of the statutes is amended to read:

SB82,96,8 939.74 (1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information a complaint is filed.

SB82,273 Section 273. 939.74 (3) of the statutes is amended to read:

SB82,96,14 939.74 (3) In computing the time limited by this section, the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information a complaint has been filed.

SB82,274 Section 274. 939.74 (4) of the statutes is amended to read:

SB82,96,19 939.74 (4) In computing the time limited by this section, the time during which an alleged victim under s. 940.22 (2) is unable to seek the issuance filing of a complaint under s. 968.02 970.08 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.

SB82,275 Section 275. 940.09 (1m) (a) of the statutes is amended to read:

SB82,97,2 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1g) (a), (am), or (b) or;; or any combination of sub. (1g) (c), (cm), or (d) for acts arising out of the same incident or occurrence.

SB82,276 Section 276. 940.09 (1m) (b) of the statutes is amended to read:

SB82,97,13 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

SB82,277 Section 277. 940.225 (4) (intro.) of the statutes is amended to read:

SB82,97,20 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2) 904.045:

SB82,278 Section 278. 940.25 (1m) (b) of the statutes is amended to read:

SB82,98,4 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12 970.13. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

SB82,279 Section 279. 940.32 (2m) (d) of the statutes is amended to read:

SB82,98,7 940.32 (2m) (d) The person violates s. 968.31 968.345 (1) or 968.34 968.376 (1) in order to facilitate the violation.

SB82,280 Section 280. 940.48 (intro.) of the statutes is amended to read:

SB82,98,11 940.48 Violation of court orders. (intro.) Whoever violates an order issued under s. 940.47 or violates any condition of a bond required under s. 969.33 (4) (d) may be punished as follows:

SB82,281 Section 281. 940.49 of the statutes is repealed.

SB82,282 Section 282. 941.28 (5) of the statutes is amended to read:

SB82,98,15 941.28 (5) Any firearm seized under this section is subject to s. 968.20 (3) 175.27 (1) and is presumed to be contraband.

SB82,283 Section 283. 941.29 (3) of the statutes is amended to read:

SB82,98,18 941.29 (3) Any firearm involved in an offense under sub. (2) is subject to s. 968.20 (3) 175.27 (1).

SB82,284 Section 284. 943.245 (3m) of the statutes is amended to read:

SB82,98,24 943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) 969.42 for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

SB82,285 Section 285. 943.51 (3r) of the statutes is amended to read:

SB82,99,3 943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) 969.42 for the same act.

SB82,286 Section 286. 946.42 (3) (g) of the statutes is amended to read:

SB82,99,6 946.42 (3) (g) Committed to the department of health services under ch. 971 975, 2013 stats., or ch. 975.

SB82,287 Section 287. 946.49 (1) (intro.) of the statutes is amended to read:

SB82,99,9 946.49 (1) (intro.) Whoever, having been released from custody under s. 974.09 or ch. 969, intentionally fails to comply with the terms of his or her bond is:

SB82,288 Section 288. 946.49 (2) of the statutes is amended to read:

SB82,99,13 946.49 (2) A witness for whom bail has been required conditions of release have been set under s. 969.01 (3) 969.52 is guilty of a Class I felony for failure to appear as provided.

SB82,289 Section 289 . 946.52 of the statutes, as affected by 2013 Wisconsin Act 20, section 1922, is amended to read:

SB82,99,19 946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8) 971.027 (7), 973.047, or 980.063 is guilty of a Class A misdemeanor.

SB82,290 Section 290. 946.60 (1) of the statutes is amended to read:

SB82,99,24 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds, or transfers possession of a document or other object, knowing that a subpoena has been issued for the document has been subpoenaed or other object by a court or, by or at the request of a district attorney or the attorney general, or by an attorney of record in a criminal case or a case under ch. 938 or 980, is guilty of a Class I felony.

SB82,291 Section 291. 946.86 (2) of the statutes is amended to read:

SB82,100,9 946.86 (2) Any criminal complaint alleging violation of s. 946.83 or 946.85 shall allege the extent of property subject to forfeiture under this section. At trial, the trier of fact shall return a special verdict determining the extent of property, if any, to be subject to forfeiture under this section. When a special verdict contains a finding of property subject to a forfeiture under this section, a judgment of criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13 972.28.

SB82,292 Section 292. 946.87 (2) (am) of the statutes is amended to read:

SB82,100,18 946.87 (2) (am) Notwithstanding par. (a), property described in par. (a) is subject to forfeiture if the person who violated s. 946.83 or 946.85 has not been convicted, but he or she is a defendant in a criminal proceeding, is released, pending trial, on bail, as defined in s. 969.001 conditions under ch. 969, and fails to appear in court regarding the criminal proceeding. However, before making the final determination of any action under this section, the court must determine that the party bringing the action can prove the person committed the violation of s. 946.83 or 946.85.

SB82,293 Section 293. 948.015 (9) of the statutes is amended to read:

SB82,100,22 948.015 (9) A crime that involves an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a), if the court includes in its reasoning under s. 973.017 (10m) for its sentencing decision the aggravating factor under s. 973.017 (6m).

SB82,294 Section 294. 948.31 (5) of the statutes is amended to read:

SB82,100,25 948.31 (5) The venue of an action under this section is prescribed in s. 971.19 970.14 (8).

SB82,295 Section 295. 948.50 (4) (c) of the statutes is amended to read:

SB82,101,3 948.50 (4) (c) Is committed, transferred, or admitted under ch. 975, 2013 stats., or ch. 51, 971 or 975.

SB82,296 Section 296. 948.50 (5) of the statutes is amended to read:

SB82,101,6 948.50 (5) This section does not apply to any law enforcement officer conducting a strip search under s. 968.255 968.585.

SB82,297 Section 297. 949.165 (1) (a) of the statutes is amended to read:

SB82,101,10 949.165 (1) (a) "Serious crime" has the meaning designated in s. 969.08 (10) 969.51 (7) (b) and includes solicitation, conspiracy or attempt to commit a serious crime.

SB82,298 Section 298. 949.165 (9) of the statutes is amended to read:

SB82,101,15 949.165 (9) Interpleader. If a court determines that a person accused of a serious crime is incompetent to proceed under s. 971.14 975.34 or if the charges are dismissed without prejudice, the department shall bring an action of interpleader to determine the disposition of the escrow account.

SB82,299 Section 299. 950.04 (1v) (b) of the statutes is amended to read:

SB82,101,23 950.04 (1v) (b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51, 971 975, or 980, and the victim does not have a person specified in s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.

SB82,300 Section 300. 950.04 (1v) (d) of the statutes is amended to read:

SB82,102,3 950.04 (1v) (d) To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under ss. s. 938.296 or 968.38 968.725.

SB82,301 Section 301. 950.04 (1v) (dL) of the statutes is amended to read:

SB82,102,9 950.04 (1v) (dL) To not be the subject of a law enforcement officer's or district attorney's order, request, or suggestion that he or she submit to a test using a lie detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as permitted under s. 968.265 968.595.

SB82,302 Section 302 . 950.04 (1v) (do) of the statutes is amended to read:

SB82,102,14 950.04 (1v) (do) To be informed about the process by which he or she may file a complaint under s. 968.02 or 968.26 968.105 (2) and about the process of an inquest under s. 979.05 968.025 if he or she is the victim of an officer-involved death, as defined in s. 175.47 (1) (c).

SB82,303 Section 303. 950.04 (1v) (e) of the statutes is amended to read:

SB82,102,17 950.04 (1v) (e) To be provided a waiting area under ss. 938.2965 and 967.10 967.23.

SB82,304 Section 304. 950.04 (1v) (em) of the statutes is amended to read:

SB82,102,22 950.04 (1v) (em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary examination, as provided under s. 971.042 (4), or a probable cause or retention hearing concerning a juvenile, as provided under s. 970.03 (4) 971.75.

SB82,305 Section 305. 950.04 (1v) (er) of the statutes is amended to read:

SB82,103,3 950.04 (1v) (er) To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney as provided under s. 971.23 (6c) 971.58 (2).

SB82,306 Section 306. 950.04 (1v) (g) of the statutes is amended to read:

SB82,103,7 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3), and 972.14 973.003 (3) (b).

SB82,307 Section 307. 950.04 (1v) (gn) and (go) of the statutes are created to read:

SB82,103,10 950.04 (1v) (gn) To have a reasonable attempt made to notify the victim of a conditional release, as provided under s. 975.62 (2).

SB82,103,12 (go) To have a reasonable attempt made to notify the victim of the termination of a commitment order or a discharge, as provided under s. 975.62 (3).

SB82,308 Section 308. 950.04 (1v) (L) of the statutes is amended to read:

SB82,103,17 950.04 (1v) (L) To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to contact the victim concerning the victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335 (3m) (b) and 972.14 973.003 (3) (b).

SB82,309 Section 309. 950.04 (1v) (m) of the statutes is amended to read: